Frankfort, KY: A Republican state legislator has proposed a bill to include exceptions for abortion in cases of rape and incest, and to define the parameters of legal abortion for nonviable pregnancies within Kentucky’s abortion prohibition.
The bill is House Bill 711, sponsored by Rep. Ken Fleming (R-Louisville), who serves as the chair of the House personnel, public retirement, and finance budget subcommittee. Fleming submitted the exceptions on Monday, which was the final day for new measures to be submitted in the House for review during the ongoing legislative session, concluding by April 15.
HB 711 was not available for public review on the General Assembly’s website when LINK nky published this item. LINK requested a copy of the bill from the House Majority Caucus but did not receive a response before publishing.
Fleming stated that he included the rape and incest exceptions in a statement made by the House Majority Caucus on Monday night, citing his role as a father of two daughters.
Abortions in circumstances of rape or incest must be done within six weeks of pregnancy to be lawful under Fleming’s proposal, as stated in the caucus press release.
HB 711 aims to specify that abortion is permissible in situations involving a deceased unborn fetus, ectopic pregnancy, incomplete miscarriage, or a fetal defect that would lead to the child’s death shortly after birth.
Guidelines for physicians on optimal documentation The measure also includes provisions regarding the situations in which an abortion can be performed according to state law.
The absence of provisions for rape and incest in Kentucky’s abortion law sparked significant discussion during the 2023 Kentucky governor’s campaign. Governor Andy Beshear expressed his support for including these exceptions, while then-Attorney General Daniel Cameron deferred the decision to the legislature.
Kentucky’s abortion ban, implemented by state legislators in 2019 following the 2022 overturning of Roe v. Wade, is an almost complete ban with exceptions only for abortions necessary to save the mother’s life or avoid lasting physical harm to her. It is one of 21 state abortion restrictions countrywide, as reported by KFF (previously the Kaiser Foundation).
Eight out of the 21 states provide exemptions for cases of rape and incest. Seven of them have exemptions for deadly fetal conditions that would result in the baby’s death shortly after birth. HB 711 aims to include Kentucky in the group of states with additional exceptions, as stated in the press release sent on Monday.
Abortion has been a persistent issue in the Kentucky General Assembly for years. In 2021, state politicians suggested incorporating a prohibition on abortion into the state constitution. Kentuckians voted against the proposed amendment in the 2022 elections.